Mutilation
On Criminal Law
Mutilation
ART.262
KINDS OF MUTILATION:
1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction.
2. Intentionally making other mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body.
ELEMENTS OF THE FIRST KIND OF MUTILATION:
1. Castration, i.e. mutilation of organs necessary for generation such as the penis or ovarium; and
2. Purposely and deliberately.
In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind.
Mayhem refers to any other intentional mutilation.
Under R.A. 7610, the penalty for the second type of mutilation shall be one degree higher when the victim is below 12 years old.
Intent to mutilate must be established. If there is no intent, the crime is only serious physical injury.
ART.262
KINDS OF MUTILATION:
1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction.
2. Intentionally making other mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body.
ELEMENTS OF THE FIRST KIND OF MUTILATION:
1. Castration, i.e. mutilation of organs necessary for generation such as the penis or ovarium; and
2. Purposely and deliberately.
In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind.
Mayhem refers to any other intentional mutilation.
Under R.A. 7610, the penalty for the second type of mutilation shall be one degree higher when the victim is below 12 years old.
Intent to mutilate must be established. If there is no intent, the crime is only serious physical injury.
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